Sec. 9.01. The Local Commercial Zoning District is intended to provide for commercial establishments in both the C and D Zoning Districts which provide both neighborhood and community wide shopping and service opportunities for township residents and passing traffic. These commercial uses are similar in character to neighborhood businesses and services, yet offer a wider range of commercial opportunities. Certain regulations are designed to maintain the physical character of downtown Dorr.

(Ord. No. 29, 9-2-1993; Ord. of 4-15-2008)

Sec. 9.02. Land and/or buildings in the C and D, Local Commercial District may only be used for the following, subject to the site plan review requirements of Chapter 14A herein.

(a)

Any non-residential use permitted in the A and B Residential Districts.

(b)

Personal service establishments such as barber shops, beauty salons, shoe repair, photographic studios, dry cleaning, self service laundry facilities, and other similar establishments.

(c)

Retail shops and stores, including but not limited to bakeries, pharmacies including those with a drive-up window, hardware stores, appliance, electronics and furniture stores, clothing shops, video rental and sales and similar uses.

(d)

Professional offices of doctors, dentists, including medical clinics, lawyers, architects, planners, engineers, realtors, and other similar professions.

(e)

Offices for governmental agencies, libraries, museums, and similar public uses.

(f)

Business or trade schools.

(g)

Dancing, art, and music studios.

(h)

The repair or assembly of products sold by a permitted use in this district provided it does not constitute the principal use and all such work is performed inside.

(i)

Catering establishment.

(j)

Pet shop including grooming services.

(k)

Financial and business service establishments such as banks with or without drive up windows.

(l)

Health and physical fitness establishments.

(m)

Gas station/convenience stores.

(n)

Motor vehicle service stations and gas service stations which perform such services as tire sales and installation; oil changes; brake, shocks and exhaust work; engine analysis and tune-ups; front end alignments; heating and air conditioning repair and similar minor vehicle repair services. All such services shall take place within an enclosed building and no materials or parts shall be kept outdoors. Limited outdoor repair of vehicles is permitted provided such activities do not create a nuisance to adjacent properties.

(o)

Eating and drinking establishments with or without drive through or drive up facilities. Outdoor dining is permitted. If the outdoor dining area is located on a public sidewalk then the dining area must not encroach upon a minimum of five feet of unobstructed sidewalk space adjacent to the curb or driving lane. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches.

(p)

Establishments serving alcoholic beverages, with or without live music subject to any applicable State of Michigan regulations.

(q)

Veterinary clinics including those which provide kennel services except that outdoor runs are prohibited.

(r)

Mini warehouses/self storage buildings.

(s)

Shops or stores for carrying on the trade of electricians, decorators, painters, upholsterers, photographers, similar artisans except metal workers.

(t)

Indoor recreation establishments such as video arcades and video gaming establishments, indoor rock climbing and athletic fields, skating rinks and pool and billiards establishments.

(u)

Establishments for the repair of small engines, appliances and similar equipment.

(v)

Uses and structures customarily incidental and accessory to the principal use.

(w)

Essential public service equipment.

(x)

Residential dwellings above retail, service and office uses subject to the following:

(1)

The dwelling unit(s) shall only be located on the second and/or third floors of a building.

(2)

The dwelling unit(s) shall be completely separated from the non- residential uses in the same building with a separate means of entrance and internal or external staircase.

(3)

Each dwelling unit shall contain a minimum of 700 square feet of floor area for a one bedroom unit and an additional 100 square feet of floor area for each additional bedroom.

(4)

Second and third story residential uses shall comply with all applicable accessibility requirements of the Americans with Disabilities Act.

(5)

Off street parking shall be provided as required by this Ordinance.

(6)

A building permit shall be obtained to establish a dwelling unit in order to ensure compliance with the requirements of this Section and with the Township Building Code, Fire Code and the County Health Department. The entire building containing the dwelling unit(s) shall be also be brought into compliance with the Building Code and Fire Code before an occupancy permit is issued.

(y)

Other uses which are determined by the Planning Commission to be similar in nature and operation to the above uses.

(Amend. of 3-6-1980; Amend. of 9-3-1981; Ord. No. 29, 9-2-1993; Ord. of 4-15-2008)

Sec. 9.03. Land and/or buildings in the C and D, Local Commercial District may only be used for the following uses when approved for a Special Use Permit by the Planning Commission, subject to the provisions for Special Uses as contained in this Ordinance.

(a)

Essential public services buildings.

(b)

Housing for the elderly including retirement housing, assisted living and nursing facilities.

(c)

Adult and child day care centers.

(d)

Indoor and outdoor recreation facilities which by their nature can attract a large number of users or which operate in a manner which can negatively affect nearby properties. Such uses include but are not limited to bowling alleys, movie theaters, miniature golf courses and go cart tracks.

(Ord. No. 29, 9-2-1993; Ord. of 4-15-2008)

Sec. 9.04. No building shall exceed 35 feet in height except as provided by Section 4.12 herein.

(Ord. of 4-15-2008)

Sec. 9.05.

(a)

Front yard. For lots which have frontage on 142 ^nd Avenue between Cedar and Hickory or on 12 ^th Street the minimum required front yard along each street abutting the lot shall be equal to the average front setback of existing non-residential buildings along the same street provided that no building shall be setback more than 75 feet.

For all other lots the minimum required front yard shall be 35 feet along each street abutting the lot except that if existing buildings on the same block in the C or D zone have a setback less than 35 feet a proposed building or addition may have a minimum setback equal to the average setback of the existing buildings but in no case shall the setback be less than 20 feet.

(b)

Side yard.

(1)

A minimum side yard of 25 feet shall be required when a lot in the C or D District abuts an A, B, RE, or RA District.

(2)

There shall be no side yard requirement when a lot in the C or District abuts a zoning district other than an A, B, RA or RE District except in cases when it is not desired to build to the side lot line in which case a minimum side yard of more than 10 feet shall be required.

(3)

There shall be no side yard requirement when a lot in the C District abuts a zoning district other than an A, B, RA, or RE zone except in cases when it is not desired to build to the side lot line, in which case a minimum side yard of more than ten feet shall be required.

(c)

Rear yard. A rear yard shall not be less than 25 feet except that if the rear lot line abuts an A, B, RE, or RA Zoning District the rear yard shall not be less than 50 feet. {NOTE: the current rule requires a 25 ft setback when abutting A, B, RE, & RA zones and no rear setback in all other cases.}

(d)

Lot area and width. For lots which have frontage on 142 ^nd Avenue between Cedar and Hickory or on 12 ^th Street a minimum lot size and width is not required.

For all other lots the minimum lot size shall be 15,000 square feet with 100 feet of width at the front lot line. This minimum width shall be maintained throughout the remainder of the lot.

(Ord. No. 92-1, 12-3-1995; Ord. of 11-1-2001; Ord. of 5-6-2004; Ord. of 4-15-2008; Ord. No. 01-04, 5-6-2004)

Sec. 9.05.

(a)

Landscaping shall be provided as required by Section 4.41 [300.231] herein.

(b)

A site plan shall be required for all uses according to the requirements of Chapter 14A [300.630] herein.

(c)

Off street parking shall be provided in accordance with the requirements of Chapter 15[300.720] herein.

(d)

Structure Facade - At least eighty percent (80%) of that portion of a structure or building, be it a front, side, or rear, which faces a public street shall be finished with face brick, wood, glass, stone, or fluted cement block, or stucco-like material or a combination of these materials. The use of composite wood and particle board material is prohibited.

In recognition of developing technologies in building materials, the Planning Commission may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials meet appropriate architectural, aesthetic, and safety concerns as may be provided for in any duly adopted Ordinances and/or Building and Fire Codes.

Additions to or renovations of buildings existing as of the date of the Section shall be subject to the requirements of this section. The Planning Commission or Zoning Administrator, as the case may be, shall have the authority to modify or waive these requirements or to extend them to the entire facade of the existing building.

In determining the facade requirements of this section, the following criteria shall be considered:

(1)

The location of the addition or renovation relative to the existing building.

(2)

The size relative to the existing building.

(3)

The location of the existing building.

(4)

Whether compliance with this Section will result in architectural consistency with the existing building and improve the overall aesthetics of the building.

(5)

The practicality of requiring compliance with this Section based on the design and structural integrity of the existing building.

(6)

Whether modifications of the building will have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.

(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 4-4-2002; Ord. of 4-15-2008)